EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS
DIRECTIONS RELATING TO THE FUELLING OF CERTAIN AIRCRAFT
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under regulation 5 of the Civil Aviation Regulations (the Regulations), if CASA is empowered or required to issue any direction, instruction or notification or to give any permission, approval or authority, CASA may, subject to any contrary intention, issue the direction or notification or give the permission, approval or authority in Civil Aviation Orders (CAOs) or otherwise in writing. Under regulation 5A of the Regulations, if CASA has issued a CAO and CASA issues a later direction, instruction, notification, permission, approval or authority that is not a CAO and that in any way affects the operation of the CAO, the later document is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Direction under subregulation 38 (1)
Under regulation 38 of the Regulations, CASA may give directions relating to the maintenance of Australian aircraft for the purpose of the safety of air navigation. Section 20.9 of the CAOs (which deals with the precautions in refuelling, engine and ground radar operations) has been issued under regulation 38. Under paragraph 42 of section 20.9, an Australian aircraft with a seating capacity of 20 or more must not be fuelled while passengers are on board the aircraft unless, among other things:
(a) the fuel contains an anti-static additive; and
(b) the aircraft and the fuelling system are connected to an earth point.
In Australia all jet fuel contains an anti-static additive. However, at some overseas ports, fuel with the additive is not available and this places Australian operators at a commercial disadvantage as they cannot refuel while passengers are aboard their aircraft. Similarly, not all aircraft parking bays at all international airports are equipped with earth points and once again Australian operators are placed at a commercial disadvantage as they presently have to disembark all passengers before an aircraft parked at such a bay can be refuelled.
In order to overcome this disadvantage, a further direction has been issued which will permit certain Australian aircraft to refuel while passengers are on board the aircraft provided that, either, the fuel being loaded has an anti-static additive or the aircraft and fuelling equipment are connected to an earth point. All other relevant provisions of CAO 20.9 are still to apply to refuelling operations.
As this further direction affects the operation of CAO 20.9, it is a disallowable instrument under regulation 5A of the Regulations.
CASA does not consider that the further directions will adversely affect the safety of air navigation.
A copy of the direction, signed by a delegate of CASA, is attached.
The direction comes into effect on gazettal.